Patna High Court
Nandu MukhiaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Nandu Mukhia, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 168 litres of liquor from a bag belonging to another individual, Ram Balak Mukhiya. The petitioner argued that he had no possession of the liquor, the bag did not belong to him, and the only evidence against him was a confessional statement made by Ram Balak Mukhiya while in police custody, which the petitioner contended lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the anticipatory bail, insisting on the seriousness of the offence. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents within six weeks, after which the bail may be confirmed or set aside.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a confessional statement of a co-accused, made in police custody, suffices to implicate the petitioner without direct possession evidence.
- Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the bail consideration.
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 482(2)
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18333 of 2026
Arising Out of PS. Case No.-356 Year-2023 Thana- MAHUAWA District- East Champaran
======================================================
Nandu Mukhia S/O Bhola Mukhia R/O Village- Tinkoni ,P.S-Darpa ,Distrct-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 168 litres of liquor from a bag of
Ram Balak Mukhiya. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and even alleged recovery is from a
bag which does not belong to the petitioner and he has no
concern or relation with Ram Balak Mukhiya and he came to be
implicated based on confessional statement of Ram Balak
Patna High Court CR. MISC. No.18333 of 2026(2) dt.25-03-2026
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Mukhiya in police custody which does not have any evidentiary
value and after amendment in the Excise Act in the year 2018,
the concept of deemed possession and presumed offender has
been done away with. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Mahuawa P.S. Case No.356/2023, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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